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File #: 19-038    Version: 1
Type: Ordinance Status: Passed
File created: 1/7/2019 In control: City Council
On agenda: 1/15/2019 Final action: 1/15/2019
Title: Pass the ordinance approving a variance to allow the issuance of a Class D - Package Store liquor license for a premise less than 60,000 square feet to Star 7 Corporation at 4067 South Route 59.
Attachments: 1. Ordinance regarding Annexation Agreement, 2. Ordinance Approving Variance, 3. Liquor Commission Draft Minutes
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Pass the ordinance approving a variance to allow the issuance of a Class D - Package Store liquor license for a premise less than 60,000 square feet to Star 7 Corporation at 4067 South Route 59.
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DEPARTMENT: Legal Department

SUBMITTED BY: Jennifer Lutzke, Senior Assistant City Attorney

BOARD/COMMISSION REVIEW:
The Liquor Commission considered this matter on January 3, 2019 and voted unanimously to recommend approval of the variance.

BACKGROUND:
Star 7 is a package liquor store located at 10300-10350 State Route 59 commonly known as Saddlewood Commercial Complex.

Under the Naperville liquor code, package liquor licenses are generally relegated to large shopping centers unless they are grandfathered in as having been established prior to the package liquor licenses regulations that contain shopping center square footage location limitations.

Star 7 has a Class D package liquor license that requires that premises be in a shopping center containing at least 60,000 square feet. Star 7 is in a shopping center that contains less than 60,000 square feet.

Star 7 was established as part of the Saddlewood Commercial Complex development that was annexed into the City in 2006. The annexation agreement, contains a grandfathering provision allowing for the issuance of the Class D liquor license to Star 7 irrespective of the fact that it was not located within a qualifying shopping center. The annexation agreement provides that the grandfathering provision expires on April 30, 2019 and does not allow for the continued operation of a liquor store unless Naperville's Liquor Code is amended to allow the issuance of a liquor license. A copy of the annexation agreement is attached.

Recently, the City was contacted by Irene Bahr, an attorney for Star 7, concerning renewal of its liquor license. After speaking with staff, the attorney for Star 7 submitted a memorandum containing three proposals to address the expiration of ...

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